Claim form received from Drydens re: Cabot- original creditor JD Williams

[mrcraig]

I am sending acknowledgement of service today also request copy of credit agreement via a CCA to Drydens - anything else imminently I need to do?

[nemesis45]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Who are Drydens representing ?

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Drydens are representing Cabot Financial (UK) who were assigned the debt in 2012

Who are Drydens representing ?

[nemesis45]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

CCA to Crapbot, and CPR31.14 request to Drydens.

How old is this account please?

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

I think 2009???

Is the CPR the request for credit agreement?

CCA to Crapbot, and CPR31.14 request to Drydens.

How old is this account please?

[nemesis45]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

CPR 31 .14 is a request for all documents mentioned in the Particulars of Claim (POC).
CCA request £1.00 fee is specifically for the Agreement and TS & Cs and any documents mentioned in them.
When did payments cease?

[FlamingParrot]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

I am sending acknowledgement of service today also request copy of credit agreement via a CCA to Drydens - anything else imminently I need to do?

You may want to look at this thread with regards to the first step to be taken upon receipt of a claim: http://www.legalbeagles.info/forums/...it-Court-Claim

It would be useful if you could type up the particulars of claim :typing: and tell us a bit more about this debt.

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

UPDATE

So I sent the AOS back on 31st December 2014 - Not heard back from court but understand this is normal

I also sent a CCA request with £1 PO on 31st December - but also not heard back from claimant

What is my next step?

thanks
Craig

You may want to look at this thread with regards to the first step to be taken upon receipt of a claim: http://www.legalbeagles.info/forums/...it-Court-Claim

It would be useful if you could type up the particulars of claim :typing: and tell us a bit more about this debt.

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

bump

UPDATE

So I sent the AOS back on 31st December 2014 - Not heard back from court but understand this is normal

I also sent a CCA request with £1 PO on 31st December - but also not heard back from claimant

What is my next step?

thanks
Craig

[Amethyst]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

You can write to the creditor and chase up the CCA, also if you sent a CPR you should send a chaser for that too to the sols, then start putting together your defence. See here for example starting point http://www.legalbeagles.info/forums/...t-Court-Claims

When is your defence due?

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

I didn't send a CPR - should I?

Working towards 25th January for defence deadline as I received Claimform 27th December

You can write to the creditor and chase up the CCA, also if you sent a CPR you should send a chaser for that too to the sols, then start putting together your defence. See here for example starting point http://www.legalbeagles.info/forums/...t-Court-Claims

When is your defence due?

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Shit, just checked and the issue date on the claim form is 22nd December

[Amethyst]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Shit, just checked and the issue date on the claim form is 22nd December

lol, its okay, Saturday, 24 January 2015 so defence in for Friday (or before) bit late for a CPR request, but don't worry it's not fatal xx IT'd have been Friday anyway if you worked to 25th so no difference really IT's 28 from service , and five days allowed for service, so issue date plus 33 days .

[mrcraig]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Phew

Particulars were

the claimants claim is for the sum of 1558.22 under an agreement regulated by the consumer credit act 1974 between the defendent and jd williams account number T******* and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendent. The defendent has failed to make payment in accordance with the terms of the agreement despite requests for such payment and the claimant claims the sum of £1558.22 together with costs.

My defence I have drafted is

1: I received the claim from the County Court Business Centre on 27th December 2014


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has previously entered into an agreement with J D Williams for provision of credit.


5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with


regards the claim.


6. The Claimants statement of case states that the account was assigned from J D Williams to Cabot Financial on 13th January


2012. The Defendant does not recall receiving notice of this assignment.


7. It is denied that J D Williams served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The


Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8. On the 31st December 2014, I sent a formal request for a copy of the original agreement to Drydens Solicitors pursuant to


section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


9. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act


1974 cannot enforce the agreement.


12: On 17th January 2014, I asked the Claimants solicitors if we may agree to extend the time period allowed for filing of


my defence pending receipt of documents (as allowed under CPR 15.5), however, to date they have failed to respond.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that


any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is


expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case


else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my


defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: Claim form received from Drydens re: Cabot- original creditor JD Williams

Nothing I want to change on that.

Do you actually know what this debt is ?